In 2016 the respondent won a suit against the applicant in
Civil Case No. 97 of 2014 in the High Court of Tanzania (Commercial Division)
at Dar es Salaam. Dissatisfied, the applicant filed in the Court a notice of
intention to appeal endeavouring to challenge that decision. At the same time,
the applicant instituted an application under rules 11 (2) (b), (c) and (d) and
48 (1) and (2) of the Tanzania Court of Appeal Rules, 2009 (the Rules) seeking
for orders for stay of execution of the judgment and decree in that case
pending the hearing and determination of the intended appeal. The application
was resisted by the respondent. The crucial issue for determination by the
Court was whether or not the question of security for performance of a decree
as may ultimately be binding upon the applicant has been properly defended.